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Wrong Element

This trap appears as a wrong-answer choice in 417 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • CRIMINAL123
  • Real Property80
  • Contracts65
  • Evidence40
  • Torts32
  • Criminal Law31
  • Civil Procedure26
  • Constitutional Law20

Example wrong choices

first 20
  • 14062_stephens-orchard-late-changed-charge · CIVIL_PROCEDURE · Choice ANo, because Stephen's objection was untimely and as a result, he waived the appeal of the court's instruction.

    Why it's attractive

    Rides the buried 'did not separately object to the proposed instruction' fact — a non-dispositive element — and ignores that the GIVEN instruction was different and objected to at once.

    Why it's wrong

    Rides the buried 'did not separately object to the proposed instruction' fact — a non-dispositive element — and ignores that the GIVEN instruction was different and objected to at once.

  • 14071_threshing-sledge-patent · CIVIL_PROCEDURE · Choice AThe judgment cannot stand because it was an error for the court to have appointed alternate jurors.

    Why it's attractive

    Stem concedes the error but also says alternates never seated/deliberated → no prejudice → not responsive to 'reversal'.

    Why it's wrong

    Stem concedes the error but also says alternates never seated/deliberated → no prejudice → not responsive to 'reversal'.

  • 14148_vineyard-sanctions · CIVIL_PROCEDURE · Choice CNo, because Barnabas did not allege that any factual assertion in Hannah's complaint was inaccurate.

    Why it's attractive

    Silver Key: When two No answers survive, lock which reason Rule 11 actually enforces

    Why it's wrong

    Silver Key: When two No answers survive, lock which reason Rule 11 actually enforces

  • 14178_choir_robe_credit_good_faith · CIVIL_PROCEDURE · Choice ANo, because Mary's complaint is factually inconsistent regarding whether John lied.

    Why it's attractive

    The stem's good-faith problem is not merely that John's truthfulness is uncertain; it is Mary's own mutually exclusive reliance allegations.

    Why it's wrong

    The stem's good-faith problem is not merely that John's truthfulness is uncertain; it is Mary's own mutually exclusive reliance allegations.

  • 14178_choir_robe_credit_good_faith · CIVIL_PROCEDURE · Choice BYes, because Mary stated a claim upon which relief can be granted.

    Why it's attractive

    The call asks about good-faith pleading, so a claim-sufficiency reason cannot carry the yes answer.

    Why it's wrong

    The call asks about good-faith pleading, so a claim-sufficiency reason cannot carry the yes answer.

  • 14242_lydia_linen_kiosk · CONSTITUTIONAL_LAW · Choice DUnconstitutional, because the relationship between the legitimate purpose of the ordinance and the conduct it regulates is so tenuous and underinclusive that the ordinance fails the substantial relationship test applicable to such cases.

    Why it's attractive

    The answer treats underinclusiveness as decisive under substantial-relationship review, but the item routes to rational basis.

    Why it's wrong

    The answer treats underinclusiveness as decisive under substantial-relationship review, but the item routes to rational basis.

  • 14286_human-cannonball-barnabas · CONSTITUTIONAL_LAW · Choice Ahold against the performer, because its action deprives the performer of his property without due process.

    Why it's attractive

    Due Process restricts government action, not private parties. The station is not the government.

    Why it's wrong

    Due Process restricts government action, not private parties. The station is not the government.

  • 14311_psalm_slides_field_kit · CONSTITUTIONAL_LAW · Choice ANo, because the equipment is primarily used by the employees in carrying out federal duties, so the tax is a tax on activities performed on behalf of the United States.

    Why it's attractive

    The choice talks about the equipment's primary official use, but the tax targets personal-use value.

    Why it's wrong

    The choice talks about the equipment's primary official use, but the tax targets personal-use value.

  • 14321_grace_harbor_sanctuary_candles · CONSTITUTIONAL_LAW · Choice AThe economic impact of this tax will be passed on to both in-state and out-of-state church purchasers of the candles and, therefore, it is wholly nondiscriminatory in its effect.

    Why it's wrong

    Choice A is not the credited answer for this item.

  • 14324_lydia_illuminated_psalter · CONSTITUTIONAL_LAW · Choice AApply State A law, because the psalter is now located in State A.

    Why it's attractive

    The choice treats where the psalter sits now as if no final judgment already exists.

    Why it's wrong

    The choice treats where the psalter sits now as if no final judgment already exists.

  • 14330_new_zion_battery_barn · CONSTITUTIONAL_LAW · Choice BNo, because some of the batteries came from equipment used solely in the state's commercial operations.

    Why it's attractive

    The answer turns on the commercial-source fact, but the call asks whether the state can keep using the unlicensed facility for covered batteries generally.

    Why it's wrong

    The answer turns on the commercial-source fact, but the call asks whether the state can keep using the unlicensed facility for covered batteries generally.

  • 14339_good_shepherd_science_kit · CONSTITUTIONAL_LAW · Choice AYes, because the law regulates only sales of learning kits in stores located within the state.

    Why it's attractive

    The outside sellers have contracts to sell into the state, and the law blocks those goods from the market.

    Why it's wrong

    The outside sellers have contracts to sell into the state, and the law blocks those goods from the market.

  • 14379_psalm_lightshow · CONTRACTS · Choice DYes, because the evidence would not contradict either the recital or the way Lydia signed the contract.

    Why it's attractive

    No contradiction is not the deciding permission point once complete integration is given.

    Why it's wrong

    No contradiction is not the deciding permission point once complete integration is given.

  • 14381_scripture_journal_discount · CONTRACTS · Choice DNo, because Barnabas objected promptly to Lydia's attempt to add a different payment term.

    Why it's attractive

    This choice treats the current objection as the answer while ignoring the prior accepted practice.

    Why it's wrong

    This choice treats the current objection as the answer while ignoring the prior accepted practice.

  • 14382_bethlehem_lanterns · CONTRACTS · Choice ASince Peter’s began distributing Barnabas lantern kits, sales of Bethlehem Star lantern kits have fallen 4% in the eleven-town district.

    Why it's attractive

    A sales drop answers business harm, not the missing exclusivity term.

    Why it's wrong

    A sales drop answers business harm, not the missing exclusivity term.

  • 14382_bethlehem_lanterns · CONTRACTS · Choice CBarnabas Bright Crafts’ national advertising campaign disparages Bethlehem Star lantern kits by saying, “Faith does not need batteries, and neither should your lantern.”

    Why it's attractive

    Barnabas made the ad; the suit is against Peter’s.

    Why it's wrong

    Barnabas made the ad; the suit is against Peter’s.

  • 14390_stephens-inherited-violin · CONTRACTS · Choice DStephen did not learn until after the sale that the buyer was an experienced instrument dealer.

    Why it's attractive

    Buyer's expert status is a non-dispositive element; expertise alone imposes no duty to disclose superior judgment of value.

    Why it's wrong

    Buyer's expert status is a non-dispositive element; expertise alone imposes no duty to disclose superior judgment of value.

  • 14391_noble_fir_nativity · CONTRACTS · Choice BNo contract was formed, because Mary's June 11 rejection was effective on dispatch.

    Why it's attractive

    The mailbox rule governs acceptance (dispatch), not rejection (receipt). Mary retrieved the rejection the same hour, so the rejection never reached Paul.

    Why it's wrong

    The mailbox rule governs acceptance (dispatch), not rejection (receipt). Mary retrieved the rejection the same hour, so the rejection never reached Paul.

  • 14394_lydia_puppet_stage · CONTRACTS · Choice AThe loan to Lydia was made without any agreement concerning the applicable interest rate.

    Why it's attractive

    The call is against Paul; this attacks Lydia’s loan term.

    Why it's wrong

    The call is against Paul; this attacks Lydia’s loan term.

  • 14394_lydia_puppet_stage · CONTRACTS · Choice CPaul received no consideration for his conditional promise to Barnabas.

    Why it's attractive

    This looks at whether Paul personally received the money, not whether Barnabas gave bargained-for value.

    Why it's wrong

    This looks at whether Paul personally received the money, not whether Barnabas gave bargained-for value.

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Practice questions using this trap →
Wrong Element — Trap Taxonomy | BarMatrix